01-0283R

RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR PERKINS FAMILY RESTAURANT, 4005 WEST MICHIGAN STREET.

BY PRESIDENT EDWARDS:

        WHEREAS, on March 28, 2001, the city clerk received a request from Sean M. Flaherty, owner of a restaurant known as Perkins Family Restaurant, located at 4005 West Michigan Street, for a business loss exemption from the provisions of Duluth's public smoking ordinance as authorized by Section 28-66 of the Duluth City Code; and

        WHEREAS, said request (Public Document No. _________________) indicates that February monthly sales for Perkins Family Restaurant were $137,806.00 in the year 2000 and $116,141.34 in the year 2001, representing a business decline of approximately 16 percent; and

        WHEREAS, the city sales tax administrator has verified that this information is consistent with sales tax returns submitted by Perkins Family Restaurant for those months; and

        WHEREAS, the owner of Perkins Family Restaurant has submitted in writing on the application form (Public Document No. ____________) reasons why he believes his business loss was caused by enforcing the smoking ordinance;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby grants Perkins Family Restaurant, located at 4005 West Michigan Street, a business loss exemption from the provisions of Article VII of Chapter 28 of the Duluth City Code because:
                (a)     Substantial evidence has been presented showing that Perkins Family Restaurant has suffered a decline in business of over 16 percent in the month of February, 2001, as compared to February, 2000;
                (b)     Substantial evidence has been presented showing that this business loss resulted from enforcement of the smoking ordinance as shown by the following documents and facts:
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        BE IT FURTHER RESOLVED, that the exemption hereby granted is subject to the following conditions:
                (a)     The exemption is transferable to the new owner if the business is sold;
                (b)     The exemption is subject to any future council action affecting the operation of exemptions;



STATEMENT OF PURPOSE: This resolution grants Perkins Family Restaurant, a restaurant owned by Sean M. Flaherty and located at 4005 West Michigan Street, a business loss exemption from the provision of Duluth's public smoking ordinance for the reasons set forth in the resolution.